What Arizona Sellers Must Disclose When Selling Horse Property

Picture Diane. After 18 years on her acreage outside Queen Creek, she’s ready to downsize. The kids are grown, she’s down to two horses, and she’s found a smaller place closer to town. She wants to sell quickly and cleanly, without a surprise showing up after closing.

Her first question for me is a smart one: “What exactly do I have to tell a buyer?”

When you’re selling horse property in Arizona, the answer covers more ground than it does on a typical house. Wells, septic, access, irrigation, flooding, and outbuildings all come into play. Here’s what Arizona sellers need to know.

What Is Arizona’s General Disclosure Rule?

Arizona REALTORS® tells sellers they are obligated by law to disclose all known material facts about the property. A material fact is something that matters to a buyer’s decision, like a leaking roof, a failing septic system, or a well that struggles in summer.

The practical rule I give every seller: if you know about it and a buyer would care about it, disclose it, and talk with your agent or a real estate attorney about anything you’re unsure of.

What Is the SPDS?

Arizona REALTORS® publishes the Residential Seller’s Property Disclosure Statement, known as the SPDS. It’s the form sellers use to walk through what they know about the property.

For rural and horse property, a few areas deserve extra care.

Water source. If the property is served by a well, Arizona REALTORS® also publishes a Domestic Water Well/Water Use Addendum that is used with the SPDS. Have your well records ready.

Sewer and septic. On acreage, septic is common, so gather your inspection and pumping records. My article on septic systems on East Valley acreage covers what buyers will be looking for.

Known issues. Anything you know about drainage problems, flooding, roof leaks, or structural concerns belongs in the conversation with your agent, including problems that were repaired, along with details of the fix.

What If You’re Selling Rural Land in an Unincorporated Area?

This is the one many horse property sellers don’t know about. Under A.R.S. § 33-422(A), a seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county must furnish the buyer a written Affidavit of Disclosure at least seven days before the transfer of the property.

The affidavit form in the statute asks about a long list of items, including legal access and physical access to the property, road maintenance, whether the property is in a FEMA floodplain, which services are currently provided (such as water, sewer, electric, gas, telephone, and cable), the type of water supply, on-site wastewater treatment facilities, zoning, and title encumbrances that limit how the property can be used.

Under A.R.S. § 33-422(D), the buyer has the right to rescind the sale for a period of five days after the affidavit is furnished. Under § 33-422(E), the seller records the executed affidavit at the same time the deed is recorded.

Don’t assume a community is still unincorporated without checking. San Tan Valley, for example, was officially recognized as a town on September 17, 2025, according to Pinal County. Confirm the property’s jurisdiction with the county before you decide whether the affidavit applies.

If access to your property depends on a neighbor’s driveway or an unrecorded agreement, the affidavit’s access questions are where it surfaces. Sorting it out before you list is far easier than scrambling during escrow.

What Don’t Arizona Sellers Have to Disclose?

Arizona law also spells out some things sellers aren’t liable for leaving out. Under A.R.S. § 32-2156(A), a seller isn’t liable for failing to disclose that the property was the site of a natural death, suicide, or homicide or any other crime classified as a felony; that it was owned or occupied by a person exposed to HIV or diagnosed with AIDS or any other disease not known to be transmitted through common occupancy of real estate; or that it is located in the vicinity of a sex offender.

Before you answer a buyer’s direct question on any of these topics, talk with your agent or a real estate attorney about how to respond.

What Horse Property Details Will Buyers Ask About?

Beyond the required forms, being upfront about the details that make horse property work builds trust and keeps deals together. Be ready to share:

1. Well records, including any production or water quality testing you have.
2. Septic inspection and pumping history.
3. Irrigation rights and irrigation district information, if the property has them. My article on Arizona water rights and irrigation districts explains why buyers care.
4. Recorded easements, shared driveways, and any access agreements.
5. Permits for barns, arenas, and other outbuildings.
6. Any history of flooding, drainage issues, or water crossing the property during monsoon storms.

Why Does Full Disclosure Help You Sell?

It can feel risky to put problems in writing. But a buyer who learns about an issue upfront can factor it in and move forward, while a buyer who discovers it during inspection starts wondering what else wasn’t shared. Clear, organized disclosures give buyers fewer surprises. For the full picture, read my guide on how to sell horse property in Arizona, and if you’re still deciding on price, how to price horse property in Arizona.

Frequently Asked Questions

What does a seller have to disclose in Arizona?
Arizona REALTORS® tells sellers they are obligated by law to disclose all known material facts about the property. The Arizona REALTORS® Seller’s Property Disclosure Statement (SPDS) is the form used to organize those disclosures.

What is an Affidavit of Disclosure in Arizona?
Under A.R.S. § 33-422, a seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county must furnish the buyer an Affidavit of Disclosure at least seven days before transfer. The buyer can rescind within five days after it’s furnished.

Does an Arizona seller have to disclose a death on the property?
Under A.R.S. § 32-2156(A), a seller isn’t liable for failing to disclose that the property was the site of a natural death, suicide, or homicide or any other felony. Talk with your agent or an attorney before answering a buyer’s direct question.

Is there a separate disclosure for a well in Arizona?
Arizona REALTORS® publishes a Domestic Water Well/Water Use Addendum that is used with the SPDS when the property is served by a well.

The Bottom Line

Selling horse property in Arizona takes more than a standard disclosure form. Know what the SPDS covers, check whether the Affidavit of Disclosure applies to your land, gather your well, septic, access, and irrigation records, and disclose what you know. If Diane does that before she lists, her buyers walk in informed and she moves on to her next chapter with no regrets.

Selling horse property anywhere in the Metro Plex of Arizona and want your disclosures done right from day one? Call or text Kim Williamson at 480-206-1500 or visit ArizonaHorsePropertyForSale.com.

Kim Williamson, REALTOR® | 8x WPRA World Champion | 1,000+ transactions | 24 years selling real estate | 36 years living in Arizona | Real Brokerage | 480-206-1500

This article is general information, not legal advice. Disclosure requirements depend on your specific property and transaction. Always consult a real estate attorney with questions about your situation.

Sources: A.R.S. § 33-422, azleg.gov/ars/33/00422.htm (checked 2026-09-15); A.R.S. § 32-2156, azleg.gov/ars/32/02156.htm (checked 2026-09-15); Pinal County, “Supervisors Formally Approve Incorporation of STV and Choose Inaugural Town Council,” pinal.gov (checked 2026-09-15); Arizona REALTORS® Residential Seller’s Property Disclosure Statement, Domestic Water Well/Water Use Addendum, and Residential Seller Disclosure Advisory, aaronline.com (checked 2026-09-15).

TAGS: arizona seller disclosure, spds arizona horse property, affidavit of disclosure arizona, selling horse property arizona, Kim Williamson